Posted By Mark Jackson I have recently started a new position and during my working day I have been asked a question that I have been unable to put a definitive answer to. I am hoping that someone may have been asked a similar question or have views on the appropriate action to be taken. The question involves non-employees using hazardous chemicals that we provide for cleaning. The non-employees may range from the elderly to young persons, all of which have varying use of such chemical like bleach and polish etc. The question raised is "do we have to provision similar instruction and controls as if they were of our own employees using the chemicals". My research so far indicates that the answer is "yes" but there seems to be no pinpoint answer as most legislation covers employees or the effect that may be had on non-employees. Any Views?

Posted By David Bannister Mark, as I understand it, the HASAWA 1974 includes a duty of care to non-employees, so any Regulations made under it automatically include that duty. Consequently COSHH applies to non-employees. So, yes, you must ensure appropriate controls are in place.

Posted By Adrian Watson Dear Mark, COSHH 2002 Reg 3. - (1) states Where a duty is placed by these Regulations on an employer in respect of his employees, he shall, so far as is reasonably practicable, be under a like duty in respect of any other person, whether at work or not, who may be affected by the work carried out by the employer except that the duties of the employer - (a) under regulation 11 (health surveillance) shall not extend to persons who are not his employees; and (b) under regulations 10, 12(1) and (2) and 13 (which relate respectively to monitoring, information and training and dealing with accidents) shall not extend to persons who are not his employees, unless those persons are on the premises where the work is being carried out. Regards Adrian Watson

Posted By Mark Jackson Thank you all, I was of the same opinion on the posted responses, I work for a housing authority and therefore there are always going to be non-employees who will have access to cleaning materials in our shelters schemes. I have considered contracting out the cleaning of communal areas, however this has a cost implication that we cannot at this time address. I have already restricted the type of chemicals that they have access to, but I can't remove all. Risk Assessment and control measures will be employed. Once again Thank you all.